§ 31-37.1 – Settlement agreement; filing of judgment.
31-37.1. Settlement agreement; filing of judgment. (a) Prior to an entry of judgment by the superior court in a caveat proceeding, the parties may enter into a settlement agreement, which must be approved by the superior court. Upon approval of a settlement agreement, the court shall enter judgment, without a verdict by a jury, in […]
§ 31-32 – Filing of caveat.
31-32. Filing of caveat. (a) At the time of application for probate of any will, and the probate thereof in common form, or at any time within three years thereafter, any party interested in the estate, may appear in person or by attorney before the clerk of the superior court and enter a caveat to […]
§ 31-33 – Cause transferred to trial docket.
31-33. Cause transferred to trial docket. (a) Upon the filing of a caveat, the clerk shall transfer the cause to the superior court for trial by jury. The caveat shall be served upon all interested parties in accordance with G.S. 1A-1, Rule 4 of the Rules of Civil Procedure. (b) After service under subsection (a) […]
§ 31-35 – Affidavit of witness as evidence.
31-35. Affidavit of witness as evidence. Whenever the subscribing witness to any will shall die, or be mentally incompetent, or be absent beyond the State, it shall be competent upon any issue of devisavit vel non to give in evidence the affidavits and proofs taken by the clerk upon admitting the will to probate in […]
§ 31-36 – Effect of caveat on estate administration.
31-36. Effect of caveat on estate administration. (a) Order of Clerk. – Where a caveat is filed, the clerk of the superior court shall forthwith issue an order that shall apply during the pendency of the caveat to any personal representative, having the estate in charge, as follows: (1) Distributions to beneficiaries. – That there […]